Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 1644 seeks to amend Section 481.125 of the Texas Health and Safety Code to carve out a targeted exemption for individuals and entities possessing or distributing drug-testing equipment. Specifically, the bill creates a new Subsection (j) that provides an affirmative exemption from criminal penalties for a person who uses, possesses with intent to use, delivers, or manufactures with intent to deliver equipment that identifies substances listed in Penalty Group 1-B or the veterinary sedative xylazine. This exemption aims to remove legal barriers to the use and dissemination of drug-checking tools designed to detect dangerous substances such as fentanyl or xylazine, which have contributed significantly to the opioid overdose crisis.

This legislative change directly responds to growing public health concerns surrounding synthetic opioids and adulterated drugs. Under current law, Texas classifies certain types of drug-testing equipment as paraphernalia, making their possession or distribution a potential criminal offense—even when used for harm reduction or public safety purposes. By adding this carve-out, the bill acknowledges the legitimacy of harm-reduction practices and aligns with nationwide efforts to decrease overdose fatalities through education and testing rather than criminalization.

The bill includes a non-retroactivity clause, specifying that the exemption applies only to offenses committed on or after its effective date. Offenses committed prior to that date remain subject to prosecution under the prior version of the law.

In summary, HB 1644 removes criminal liability for the possession and use of specific drug-testing equipment intended to detect fentanyl analogs and xylazine, representing a shift toward a public health-centered approach in Texas drug policy. The bill reflects a balanced response to the opioid crisis by fostering safer practices without expanding criminal penalties or regulatory burdens.

The key distinction between the originally filed version of HB 1644 and the Committee Substitute lies in the scope of the substances covered by the exemption from criminal penalties for drug-testing equipment. The original bill explicitly names specific substances: fentanyl, alpha-methylfentanyl, any derivative of fentanyl, and xylazine. This narrow language directly targets the most commonly identified opioids and sedatives currently driving overdose deaths, particularly in the context of the opioid crisis. While precise, this specificity could limit the law’s applicability if new synthetic opioids or analogs not explicitly listed emerge in the drug supply.

In contrast, the Committee Substitute broadens the language by referencing “Penalty Group 1-B,” which under the Texas Controlled Substances Act includes fentanyl and related compounds. By doing so, the bill now encompasses a wider range of present and future fentanyl analogs automatically, without needing to amend the statute each time a new compound is classified. Xylazine, which is not in Penalty Group 1-B, is still mentioned explicitly, ensuring its continued inclusion in the exemption.

This legislative refinement reflects an effort to make the law more flexible and future-proof. It recognizes the rapidly evolving nature of synthetic drug threats and provides a more adaptive legal framework for public health and harm-reduction tools like drug-checking kits. The broader language in the substitute version ensures that individuals and organizations using testing equipment are protected under the law even as new high-risk substances emerge, aligning the statute more effectively with ongoing public safety needs.

Author (5)

Tom Oliverson

Cassandra Garcia Hernandez

John McQueeney

Elizabeth Campos

Mihaela Plesa

Co-Author (5)

Salman Bhojani

Aicha Davis

Josey Garcia

Vikki Goodwin

Penny Morales Shaw

Contact the Author

Rep. Tom Oliverson

Capitol Phone:

(512) 463-0661

Capitol Office:

EXT E2.408

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), there is no significant fiscal impact anticipated at the state level. The bill's primary function—removing criminal penalties for the use, possession, delivery, or manufacture of drug-testing equipment for substances in Penalty Group 1-B or xylazine—does not impose any new regulatory or enforcement obligations on state agencies.

Because the legislation effectively decriminalizes certain conduct rather than creating new offenses or expanding state programs, it is unlikely to require additional funding or staff time for agencies such as the Department of Public Safety, the Office of Court Administration, or the Comptroller. On the contrary, to the extent that the bill might result in fewer arrests, prosecutions, or incarcerations related to paraphernalia charges, it could marginally reduce pressure on the criminal justice system.

At the local level, the bill is also expected to have no significant fiscal impact. While cities and counties bear much of the burden for law enforcement and local incarceration, any changes in enforcement or judicial proceedings stemming from this bill are anticipated to be modest. Prosecutors and public defenders may see slight reductions in caseloads related to paraphernalia offenses, but not at a level that would materially affect staffing or budgets.

In sum, HB 1644 is a targeted policy shift with clear public health implications but negligible budgetary consequences. It is a cost-neutral measure aimed at modernizing Texas drug policy without placing additional strain on government resources.

Vote Recommendation Notes

HB 1644 is a targeted harm-reduction bill that supports personal responsibility, public safety, and limited government. It eliminates criminal penalties for individuals who possess, use, deliver, or manufacture drug-testing equipment designed to detect fentanyl-related substances (as defined in Penalty Group 1-B) and xylazine. In the context of rising overdose deaths in Texas, 40 percent of which involved fentanyl in 2024, this legislation provides a critical legal safeguard for people attempting to avoid accidental exposure to lethal substances. The bill reflects an evidence-based response to the opioid crisis, consistent with Texas’s values of empowering individuals and promoting public health.

Importantly, HB 1644 does not grow the size or scope of government. It does not establish any new agencies, programs, or bureaucratic layers. Instead, it reduces government overreach by narrowing the scope of existing criminal law. Individuals and organizations seeking to use or distribute drug-testing tools are no longer subject to prosecution for drug paraphernalia offenses, which promotes civil liberties without compromising public safety.

The bill also imposes no additional burden on taxpayers. According to the Legislative Budget Board, it carries no significant fiscal impact at either the state or local level. It may even result in modest cost savings due to fewer arrests and prosecutions. Additionally, HB 1644 reduces regulatory burden, as it removes barriers to harm-reduction practices without adding any new compliance requirements or reporting mandates.

By ensuring Texans are not criminalized for possessing tools that can save lives, this bill advances both liberty and public welfare. It is a fiscally responsible, limited-government solution to a real and deadly challenge. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 1644.

Individual Liberty: The bill enhances individual liberty by removing criminal penalties for possessing or using drug-testing equipment intended to detect fentanyl and xylazine. It affirms the right of individuals to take proactive steps to protect their own health and safety without government interference. Criminalizing the mere possession of test strips infringes on a person’s autonomy—this bill restores that freedom.
Personal Responsibility: The bill promotes personal responsibility by enabling individuals to make informed, potentially life-saving decisions. By decriminalizing test strips, the bill empowers people to verify what substances they are ingesting, which is especially critical in the context of contaminated or counterfeit street drugs. It treats adults as capable of managing their own safety when given access to the right tools.
Free Enterprise: While the bill is focused on individual and public health rather than commerce, it still supports free enterprise by removing legal risk for businesses, nonprofits, and public health organizations that manufacture or distribute drug-checking tools. This legal clarity may encourage innovation and accessibility in harm-reduction services, allowing the private sector to respond to community health needs.
Private Property Rights: The bill strengthens private property rights by removing the risk of property seizure or criminal charges simply for possessing test strips or similar equipment. Under prior law, such items could be classified as paraphernalia and subject to forfeiture. The bill affirms the right of individuals to legally own tools intended for personal safety and well-being.
Limited Government: At its core, the bill is a rollback of government power. It does not expand any regulatory or enforcement authority, nor does it impose new mandates. Instead, it shrinks the scope of criminal law by decriminalizing conduct that poses no harm to others. This aligns with the principle that government should be limited in its reach and should not criminalize personal, precautionary behaviors.

Related Legislation

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